Robert L. Adams v. Lt. Minerva, et al.

Summary

The United States District Court for the Eastern District of Pennsylvania grants Lieutenant Minerva’s partial motion to dismiss a prisoner’s First Amendment retaliation claim under Federal Rule of Civil Procedure 12(b)(6). The court dismisses Count II without prejudice as to Lieutenant Minerva, finding that the complaint did not plausibly allege protected conduct or a causal connection, and grants leave to amend.

Holdings

1. A prisoner does not plausibly allege constitutionally protected conduct merely by requesting to speak with a lieutenant when the complaint does not identify the subject or nature of the complaint for which redress was sought.
2. A prisoner fails to state a First Amendment retaliation claim when the complaint contains no factual basis to infer that the defendant knew of the alleged protected activity or that the activity was a substantial or motivating factor in the defendant's adverse action.

Questions Presented

1. Whether Adams plausibly alleged that his requests to speak with a lieutenant constituted constitutionally protected conduct for purposes of a First Amendment retaliation claim.
2. Whether Adams plausibly alleged that his protected conduct was a substantial or motivating factor in an adverse action allegedly taken by Lieutenant Minerva.

Disposition

dismissed